Through his diverse practice including complex commercial disputes of all sorts, Patrick Plassio adeptly translates and communicates complicated legal and factual issues to his clients, opposing parties, and courts. Offering key strategic insights and experience on technology-related matters, Patrick litigates trade secret, fraud, and breach of contract cases, among many others. He also has extensive experience trying ERISA class actions as part of O’Melveny’s award-winning ERISA litigation group.
Patrick has experience in all phases of litigation. He has conducted internal and pre-trial investigations; led teams through complex e-discovery issues and subpoena responses; taken, prepared witnesses for, and defended depositions; successfully briefed and argued dispositive motions and appeals; and cross-examined witnesses at trial resulting in favorable judgment. A skillful negotiator, Patrick routinely advocates for clients in discussions with opposing parties to resolve procedural and discovery disputes, along with cases in their entirety. He serves clients in the telecommunications, media, technology, manufacturing, energy, aerospace, and financial services industries, among others.
After graduating from law school, Patrick clerked for the Honorable Xavier Rodriguez of the United States District Court for the Western District of Texas, where he was immersed in federal practice and procedure, as well as in cases centered on intellectual property, redistricting and voting rights, the Endangered Species Act, employment issues, and wage and hour law.
Technology, IP, and Trade Secrets
- Defended developer of solar power facilities against claims for misappropriation of trade secrets and breach of contract, including by leading a complex document collection and production effort and successfully negotiating a favorable resolution
- Defended telecommunications company against patent infringement lawsuits related to internet filtering technology
- Represented manufacturer of telecommunications hardware in action for breach of contract and against fraud and trade secret counterclaims related to energy-efficient financing
- Represented manufacturer of semiconductors in intellectual property dispute involving complex claims for breach of a technology license agreement and patent infringement
- Defended international software developer against claims of patent and copyright infringement
- Defended manufacturer of packaging products against international and domestic allegations of patent infringement
- Represented media company in pursuing claims against provider of streaming services for indemnification against patent infringement claims, including by successfully briefing and arguing numerous dispositive and discovery motions
- Represented clients in the food and beverage, media, transportation, and energy industries in trade secret matters related to the enforcement of non-competition agreements, including litigating requests for emergency injunctive relief
- Represented consumer electronics company in pursuing claims against former employee involving for misappropriating trade secrets and leaking them to the press, including by successfully negotiating a favorable resolution
- Defended CEO of Fortune 500 company against allegations of trade secret misappropriation and violation of non-compete agreement by former employer (another Fortune 500 company), resulting in favorable settlement without litigation
- Represented semiconductor manufacturer in dispute with its landlord regarding the termination of lease covering fabrication plant
Class Actions, including ERISA Litigation
- Third-chaired trial defending financial services company against claims for breach of fiduciary duty and prohibited transactions under ERISA, including by managing all pre-trial aspects of the case and cross-examining numerous witnesses at trial, leading to complete defense judgment
- Defended manufacturer of plumbing parts in multi-national, multi-district products liability class action
- Defended leading financial services company against claims in putative class actions alleging various fiduciary breaches and prohibited transactions under ERISA
Merger & Acquisition Litigation
- Represented technology company in earn-out litigation against a former executive
- Represented purchaser of a manufacturing company in pursuing claims against seller for fraud in concealing anticipated declines in revenue
- Represented energy company in enforcing indemnification rights in an agreement through which it had acquired a subsidiary
Other Litigation Matters
- Defended oilfield services company against claims for tortious interference, business disparagement, unfair competition, and violations of the Lanham Act, securing complete and voluntary dismissal of plaintiff’s claims after filing of a motion to dismiss
- Represented investment funds before the Texas Supreme Court in an appeal of the denial of their motion under the Texas Anti-SLAPP statute
- Asserted breach of contract claims for manufacturing company in cross-border case involving receipt of polluted goods, including by successfully arguing a dispositive motion and an interlocutory appeal of the same
Pro Bono
- Conducted legal research for non-partisan civic education organization dedicated to ensuring election integrity
- Represented residents in a Dallas neighborhood plagued by crime associated with a drug house by ensuring the landlord instituted eviction
- Prosecuted claims on behalf of a plaintiff in a motor vehicle collision lawsuit
- Represented group of domestic violence survivors in an amicus brief filed in the United States Supreme Court in a case involving standards applicable to international child custody cases under the Hague Convention; on a subsequent appeal to the Second Circuit following remand in the same case, represented a group of academics, medical professionals, and child welfare advocates in an amicus brief in urging consideration of the child’s special circumstances
Additional Experience
- Advised leading digital asset trading platforms on potential legal and regulatory issues arising from potential cryptocurrency listings
- Conducted internal investigation of technology company related to employment law issues and best practices
- Conducted internal investigation of technology company related to potential shareholder suit
- Advised clients on best practices, policies, and procedures for maintaining privilege in internal communications
Admissions
Bar Admission
- Texas
Court Admissions
- US District Court for the Northern, Eastern, Western, and Southern Districts of Texas
Education
- University of Texas School of Law, J.D., with high honors; Associate Editor, Texas Law Review; Chancellors; Order of the Coif; Dean’s Achievement Award for Highest Performance in Admiralty Law
- St. John’s University, B.S., Journalism & Sport Management: summa cum laude; Gold Certificate of Achievement in Journalism
Honors & Awards
- Recommended by The Legal 500 US for Trade Secrets (Litigation & Non-Contentious Matters)
Professional Activities
Clerkships
- Honorable Xavier Rodriguez, US District Court for the Western District of Texas
Co-Author
- “Developments in patent venue law in the aftermath of TC Heartland,” World Intellectual Property Review (September 23, 2020)
- “TC Heartland LLC v Kraft Foods Group Brands LLC,” Intellectual Property Magazine (August 28, 2019)